Defendant pleas guilty, part of plea bargain was to allow appeal on issue from suppression hearing. Notice of appeal filed after 30 days (no Motion for New Trial).
Clearly wanted to appeal.
Attorney did not timely file.
Should I fight this?
CoA simply does not have authority to extend time for notice of appeal -- see TRAP 2. I have had many file late notice of appeals and the CoA simply dismisses for lack of jurisdiction. Usually what happens though is that a PDR is filed and CCA remands for untimely appeal. I don't know what you could fight the appeal on unless your CoA does not follow the rules. Untimely NOA does not give CoA jurisdiction. I did have our CoA mistakenly allow a untimely NOA, but they caught the mistake and dismissed it w.o.j. I have a brief on the untilmely NOA if you need that.
Thanks, I should be good on this. (Also, appears there may have been a MNT filed that we did not get noticed on.)
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